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HomeMy WebLinkAboutOrd. No. 1987-798ORDINANCE N0. 798 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE 1985 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, REPEALING IN ITS ENTIRETY CHAPTER 15.08 OF, AND ADDING CHAPTER 15.08 TO, THE "LAKE ELSINORE MUNICIPAL CODE" RELATING TO THE ABATEMENT OF DANGEROUS BUILDINGS THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. CHAPTER 15.08 of the "Lake Elsinore Municipal Code" is repealed. SECTION 2. Chapter 15.08 is added to the "Lake Elsinore Municipal Code" to read as follows: CHAPTER 15.08' ABATEMENT OF DANGEROUS BUILDING CODE 15.08.010 ESTABLISHED. The Uniform Code for the Abatement of Dangerous Buildings, 1985 edition, promulgated and published by the International Conference of Building Officials, one copy of each of which has been filed, and is on file in the office of the City Clerk for public inspection is adopted with the same force and effect as though set out herein in full. 15.08.020 CHANGES AND ADDITIONS TO THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS. The Uniform Code for. the Abatement of Dangerous Buildings is amended by changing, adding, or deleting the chapters, sections and portions of sections designated in Section 15.08.030 through 15.08.120. 15.08.030 SECTION 202 AMENDED - ABATEMENT OF DANGEROUS BUILDINGS, Section 202 is amended to read as follows: "Section 202. All building or portions thereof which are determined after inspection by the building official to be dangerous as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Chapter 10 of this code." 15.08.040 SECTION 203 AMENDED - VIOLATIONS. Section 203 is amended to read as follows: "Section 203. Violations. No person, firm, or corporation, whether as owner, lessee, sublessee, or occupant, shall erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy, or maintain any building or premises, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this code or any order issued by the Building Official hereunder. Any person violating the provisions of this Section shall be guilty of a misdemeanor for each day such violation continues. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of Lake Elsinore shall be guilty of a misdemeanor. Any person convicted or a misdemeanor under the ordinances of Lake Elsinore shall be punished by a fine of not more than five-hundred dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of Lake Elsinore is committed, continued, or permitted by any such person, and he shall be punished accordingly." 15.08.050 SECTION 205 AMENDED - ABATEMENT OF DANGEROUS BUILDINGS ADVISORY AND APPEALS BOARD ESTABLISHED. Section 205 is amended to read as follows: "Section 205. Abatement of Dangerous Buildings Advisory and Appeals Board Established. In order to provide for final interpretation of the provisions of this code and to hear appeals provided for hereunder, there is hereby established an Abatement of Dangerous Buildings Advisory and Appeals Board consisting of five members. The membership of said Board shall be composed of the Mayor and the other members of the City Council. Said members shall hold their respective membership on said Board by reason of, and concurrently with, their terms of service in their respective city offices above referred to and shall cease to be such members upon their ceasing to be such officers. The Building Official shall be the Secretary to the Board. The Board may adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the appellant with a copy to the Building Official. Appeals to the Board shall be processed in accordance with the provisions contained in Section 1006 of this code. Copies of all rules or regulations adopted by the Board shall be delivered to the Building Official who shall make them freely accessible to the public." 15.08.060 CHAPTER 4 IS DELETED. 15.08.070 CHAPTER 5 IS DELETED. 15.08.080 CHAPTER 6 IS DELETED. 15.08.090 CHAPTER 7 IS DELETED. 15.08.100 CHAPTER 8 IS DELETED. 15.08.110 CHAPTER 9 IS DELETED. 15.08.120 CHAPTER 10 ADDED ABATEMENT OF SUBSTANDARD AND UNSAFE BUILDINGS - Chapter 10 is added to read as follows: CHAPTER 10 ABATEMENT OF SUBSTANDARD AND UNSAFE BUILDINGS Section 1001: Statement of Intent. Upon finding any building to be in this category, the Building Director shall notify the owner of record as indicated on the Riverside County Tax Assessors Records, of the intent of the City in condemning the building, also advising the owner, that a Preliminary Title Report has been ordered to determine who the concerned parties are, the cost of which will be assessed against the property owner. If the owner does not respond within 15 days from receipt of this statement, the Building Director shall proceed to the next step. Section 1002: First Notice: The Building Director, upon determining that a building or structure is unsafe or substandard shall give a written notice of defects to all parties concerned in the manner hereinafter stated. The notice shall specify the conditions which render the building or structure unsafe or substandard and if, in the opinion of the Building Director, such conditions can be corrected by repair, the notice shall state the work that is necessary to repair or rehabilitate the building or structure. The notice shall require the owner to obtain all necessary permits from the Department of Building and Safety and to correct or abate the unsafe or substandard conditions, either by repair, demolition or removal within 30 days after the date of notice. If a building is encumbered by a mortgage or deed of trust of record, and the owner of the building shall not have complied with the order on or before the expiration of 30 days after the mailing and posting of the notice, the mortgagee or beneficiary under the deed of trust may, within 15 days after the expiration of the 30 day period, comply with the requirements of the notice. Section 1003: Manner. of Giving Notice: The Building Director shall post a copy of the notice of defects in a plainly visible place on the building or structure and he shall send a copy, by registered or certified mail, postage prepaid, return receipt requested, to the owner of the-land on which the building or structure is located, as such person's name and address appears on the last County equalized assessment roll, and to each mortgagee or beneficiary under any deed of trust, that is of record; to the holder of any lease that is of record, and to the record holder of any other estate or interest in the building or structure or the land upon which such building or structure is located, at the last known addresses of such interest holders. If the address of any such person is unknown, that fact shall be stated in the copy so mailed and it shall be addressed to the person at the county seat. Service by mail shall be deemed complete at the time of deposit in the mails. The Building Director shall file a copy of the notice of defects in the Building Department files along with an affidavit certifying to the persons date and manner in which such notice was given. He shall also thereafter file any receipt cards which are returned to him acknowledging receipt of the notice. The failure of any owner or other persons to receive such notice shall not affect in any manner the validity of any proceedings taken hereunder. Section 1004: Order to Vacate. Whenever, in the opinion of the Building Director, extreme and imminent hazard exists, he shall give written notice ordering the occupants of any such building to immediately vacate and, in the event compliance with the order is not voluntarily and promptly obtained, he shall request the law enforcement agency having jurisdiction to effect such a vacation or forthwith take such action at law as is required to cause the premises to be vacated. A copy of the order to vacate, which shall include the reasons for the order, shall be posted on the building and mailed to all concerned parties and filed in the Building Department files in the same manner as the notice of defects. Upon giving such order to vacate, the Building Director shall cause to be posted at each entrance to the building a notice to read: DANGER - THIS BUILDING UNSAFE FOR OCCUPANCY - DEPARTMENT OF BUILDING AND SAFETY - CITY OF LAKE ELSINORE, such notices shall remain posted until the required repair, demolition or removal are completed. Such notice shall not be removed without written permission of the Building Director and no person shall enter the building except for the purpose of making the. required repairs or the demolition of the building, without the written permission of the Building Director. Section 1005: Notice of Public Nuisance. Whenever the first notice of defects has been give, the Building Director shall record in the office of the County Recorder of Riverside County, a notice that an administrative proceeding has been commenced for the. abatement of a Public Nuisance, describing the real property affected and stating that the costs incurred therein may become a lien on said property, and directing inquiry for further details to his office, giving the address thereof. Section 1006: Appeal. Any person entitled to service under this ordinance may appeal the proceedings by filing a written appeal on a form furnished by the Building Director within 30 days of receipt of the first notice. Failure to do so constitutes a waiver of the owners right to a hearing and adjudication of the notice or any portion thereof. (1) Upon receipt of any appeal the Building Director shall set a hearing date to be not less than 10 days or more than 60 days from he date the appeal was received. (2) The Building Director upon setting the hearing date of the Appeals Board, shall notify the appellant/s at the address shown on the Appeal, of the date, time and place the hearing will be held. This notification shall be given not less than 10 days prior to the hearing date. (3) Except for Orders to Vacate made pursuant to Section 2 (e) of this. Ordinance, enforcement of any notice issued under this ordinance shall be stayed pending the outcome of any appeal properly and timely filed. Section 1007 Hearina. At the time fixed in the notice, the Board of Appeals shall proceed to hear the testimony of the Building Director, and the owner of the building or structure or his representative if present at said hearing, and other concerned parties who may desire to testify, regarding the condition of the building or structure, the estimated cost of reconstruction, repair or removal, and any other relevant matter. Upon the conclusion of the hearing, the Board shall make it's decision and, in the event that it so concludes, it may declare the building or structure to be a nuisance and direct the owner to abate the same by having the building or structure properly reconstructed or repaired, or by having it razed or removed, and further notifying the owner that if said nuisance is not abated within 30 days after posting and mailing of the Board's decision, the building or structure will be razed or removed by the City of Lake Elsinore and the expense thereof shall be a lien on the lot or parcel of land upon which the building or structure is located, or made a personal obligation of the property owner. (1) At any time within ten days after the Board's decision directing the abatement of a nuisance, the Building Director shall post a copy of the Board's decision on the building or structure and mail copies thereof to all parties concerned in the same manner as the first notice, and he shall file an affidavit thereof in the Building Department files, the Board may grant any extension of time to abate said nuisance that it may deem justifiable upon good cause being shown. Section 1008 Time to Brina Action. Unless the owner or holder of an interest of record brings an action in a court of competent jurisdiction within 30 days after the date of mailing and posting on said premises of the notice of the decision of the. Board, contesting the validity of any proceedings leading up to an including the decision of the Board, all objections to the proceedings and decision will be deemed to have been waived. Section 1009 Second Notice. If the order of the Building Director in the first notice is not complied with within 45 days after giving notice and no appeal has been filed has been filed the Building Director shall give a second notice to all parties concerned by posting and mailing in the same manner as the first notice The second notice shall entitled "Notice to Abate Nuisance" the notice shall direct the owner of the building or structure to effect all necessary abatement within 30 days from receipt of the second notice or show cause why such building or structure should not be condemned as a nuisance and abated as wherein provided. The failure of the owner or any other person to receive such notice shall not affect in any manner the validity of any proceeding taken hereunder. Section 1010 Jurisdiction to Abate. Thirty days after the mailing and posting of the Board of Appeals decision or the second notice, the City shall have jurisdiction to abate such nuisance by razing or removing the building or structure unless within the 30 day period an extension of time is granted by the Board of Appeals. In the event that the nuisance is not abated within the prescribed time, the City may thereupon raze and remove the building or structure as herein after described. under it's direction and supervision. Section 1011 Method of Abatement. Abatement of all buildings or structures under the direction and supervision of the City pursuant to the provisions of this ordinance shall be done in the following manner: (1) If in the event the nuisance can be abated by repair or rehabilitation, the Building Director may employ such architectural or engineering assistance on a contract basis as he may deem reasonably necessary to prepare plans and specifications to facilitate said repair or rehabilitation. (2) Actual work to be done whether it be repair and rehabilitation or demolition and removal, shall be accomplished by private contract. A minimum of three (3) bids shall be received from reputable licensed contractors prior to contact- ing for work to be done. The lowest bidder shall be awarded the contract. Section 1012 Cost Recovery of repair or demolition shall be accomplished in the following manner: A. Demolition Account Establishment and Maintenance. (1) The City Council hereby establishes a Special account designated as the Repair and Demolition Account. The Finance Director is authorized to pay from said account all such costs and expenses incurred pursuant to the provisions of this ordinance upon the demand of the Building Director. (2) The City Council in establishing said account authorizes the Finance Director to transfer from the General Fund of the City such amounts as necessary on a loan basis to the Repair and Demolition Account to defray costs incurred for repair or demolition. All proceeds collected as herein after provided for shall be paid to the Finance Director who shall credit the same to the Repair and Demolition Account and there- from credited to repay the loan from the General Fund of the City. B. Statement of Exaense. The Building Director shall keep a complete and accurate account of all costs incurred in the performance of any work pursuant to the provisions of this ordinance. (1) A verified statement of expense showing the gross and net expense of the work performed and all other costs shall be given to the City Clerk who shall schedule it for City Council consideration to set a hearing date. The date, time, place, and purpose of the hearing shall. be published once in a local newspaper. (2) The Building Director shall cause to be posted conspicuously on the property from which the building or structure was razed and removed or repaired. and rehabilitated, a verified copy of the statement of expense given to the City Clerk, together with a notice of the date, time, and place, where and when the statement shall be heard by the City Council. Posting and mailing of the statement and notice shall be not less than ten (10) days prior to the date set for hearing the statement. A copy of the statement and notice shall be accomplished in the same manner as is prescribed for the first notice. C. Hearin4 on Statement of Expense. At the time fixed for the hearing on the statement of expense the City Council shall consider the statement, together with any objections or protests which may be raised by the property owner or other concerned parties. The Council may make any such revision, correction or modification in the statement as it may deem just, and thereafter - shall render it's decision. on the statement. The Council's decision on the statement and on all protests and objections which may be made shall be final and conclusive. The City may continue any hearing provided for herein from time to time. Upon the close of a hearing the Council shall render it's decision not later than fifteen (15) days thereafter. D. Method of Payment for Cost Recovery. Shall be determined by the City Council as a part of the decision rendered in the hearing of the statement of expense. (1) The Council may make the charges a personal obligation of the property owner and direct the City Attorney to collect the same using all appropriate legal remedies. (2) Or the Council may order the charge to be made a special assessment and lien against the property involved and order said assessment recorded on the assessment roll in behalf of the City. a) The City Council, in it's discretion may make the special assessment payable in equal annual installments and if said installments shall bear interest, the rate thereof shall be established by resolution prior to recordation of the assessment. E. Payment and Recordation of Lien. .All concerned parties shall be notified of the City Council decision of the hearing in the same manner as the first notice and shall be given opportunity to pay said charges. If payment is not received within ten (10) days after receipt of the Councils decision on the statement, the Building Director shall transmit the statement and the City Council's decision to the County Auditor who shall place the amount thereof on the assessment roll as a special assessment to be paid with County taxes, unless sooner paid. At the same time, the Building Director shall file in the Office of the County Recorder of Riverside County a notice of lien, describing the real property affected, a summary of the action taken to abate the nuisance and the amount of the lien claimed by the City of Lake Elsinore. (1) Priority. Immediately upon its being placed on the assessment roll the assessment shall be deemed to be complete, the several amounts assessed shall be payable, and the assessments shall be liens against the lots or parcels of land assessed, respectively. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property, and shall be paramount to all other liens except for state, county and municipal taxes with which it shall be upon a parity. The lien shall continue until the assessment and all interest due and payable thereon are paid. (2) Interest. All such assessments remaining unpaid after thirty (30) days from the date of recording on the assessment roll shall become delinquent and shall bear interest at the rate per annum from and after said date as determined by the City Council. (3) The amount of the assessment shall be collected at the same time and in the same manner as ordinary .municipal taxes are collected; and shall be subject to the same penalties and procedures and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such assessment. If the City Council has determined that the assessment shall be paid in installments, each installment and any interest thereon shall be collected in the same manner as ordinary municipal taxes in successive years. If any installment is delinquent, the amount thereof is subject to the same penalties and procedures for sale as provided for ordinary municipal taxes. (4) All money recovered assessment or from foreclosure sale Director of City credit the same Account. by payment of the charge or the sale of the property at shall be paid to the Finance of Lake Elsinore who shall to the Repair and Demolition F. Release of Lien. Upon payment in full of the costs of the abatement proceeding and the expense of the work done, or upon order of the City Council, the Building Director shall execute and record with the County Recorder a release of the recorded lien on the property. If an assessment has been placed on the assessment roll and is thereafter paid to the Building Director, he shall notify the County Auditor who shall cancel the assessment on the roll. G. Contest of brought in (30) days contesting and inclu~ objections Citv Councils Decision. Unless action is a court of competent jurisdiction within thirty after final judgement by the City Council, the validity of any .proceedings leading up to ling the decision of the City Council, all will be deemed to have been waived. H. Fees shall be set pursuant to Chapter 3.32 of the City of Lake Elsinore Municipal Code. SECTION 3. VIOLATION - PENALTY. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of Lake Elsinore shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the ordinances of Lake Elsinore shall be punished by a fine of not more than five-hundred dollars ($500.00), or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of Lake Elsinore is committed, continued or permitted by any such person, and he shall be punished accordingly. SECTION 4. All changes and modifications in the Uniform Code for the Abatement of Dangerous Buildings 1985 Edition, as as amended by this ordinance, are reasonably necessary because of local conditions. This finding is made pursuant to Section 17958.5 of the Health and Safety Code of the State of California. SECTION 5. This ordinance shall take effect as provided by law. INTRODUCED AND PASSED UPON FIRST READING this 12th day of Mav , 19 87, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 26th day of May 19 87, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE eon trig te, Mayor AT EST: -• / ~ ~~~ Vicki L. Kasad, City Clerk AP~D AS~TO ORM D LEGALITY: John R. Harper, C ty Attorney (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on May 12, 1987, and had its second reading on May 26, 1987, and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ( ( ~~~ VICKI LYNN KASAD, CITY CLERK CITY OF LA ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 798, of said Council, and that the same has not been amended or repealed. DATED: May 27, 1987 VICKI LYNNE SAD, CC T( CITY OF LAKE ELSINORE (SEAL)